US Business Visas
E-1 Treaty Trader Visa
Allows individuals and eligible company employees to move to the U.S. for the purpose of carrying out substantial trade.
Eligibility:
Must be a citizen of an E-1 treaty country.
Must demonstrate intent to engage in substantial trade.
At least 50% of the company’s international trade must be between the U.S. and the treaty country.
Trade can include goods, services, banking, insurance, journalism, technology, or tourism.
Application Process:
Complete and submit Form DS-160 (non-immigrant visa application).
Attend a consular interview at the U.S. embassy or consulate.
Provide supporting documentation, including evidence of substantial trade.
Duration:
Initial stay is typically two years.
Extensions can be requested in two-year increments.
Family:
Spouses and unmarried children under 21 can accompany the principal visa holder.
Spouses can apply for work authorization in the U.S.
E-2 Treaty Investor Visa
Allows foreign nationals to enter the U.S. based on a substantial investment in a U.S. business.
Eligibility:
Must be a citizen of an E-2 treaty country.
Must have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S.
The investment must be substantial and not marginal.
The business must generate enough income to support the investor and their dependents.
Application Process:
Complete and submit Form DS-160 (non-immigrant visa application).
Complete and submit Form DS-156E (Nonimmigrant Treaty Trader/Treaty Investor Application) for executives, managers, or essential employees.
Attend a consular interview at the U.S. embassy or consulate.
Provide supporting documentation, including a credible business plan, proof of investment, and evidence of the business's legitimacy.
Duration:
Initial stay varies from three months to five years, depending on the country of origin.
Extensions can be requested indefinitely, provided the investment continues to meet all applicable requirements.
Family:
Spouses and unmarried children under 21 can accompany the principal visa holder.
Spouses can apply for work authorization in the U.S.
Recent Changes and Additional Requirements
The Golden Visa
This program represents a shift from job creation to wealth-based immigration. While the EB-5 program required a $1 million investment and the creation of 10 jobs, the Golden Visa requires a $5 million investment with no direct job-creation requirement. This change may attract ultra-wealthy investors but does not impact the E-1 and E-2 visa programs, which focus on smaller investments and trade activities.
